Minnesota Statutes 17A.06 – Claims Against Bonds
Subdivision 1.Filing of claims.
Any person claiming to be damaged by any breach of the conditions of a bond given by a licensee may enter complaint thereof to the commissioner, which complaint shall be a written statement of the facts constituting the complaint, accompanied by documentary proof of the claim against the licensee.
Subd. 2.Hearing on claims.
Terms Used In Minnesota Statutes 17A.06
- Commissioner: means the commissioner of agriculture or the commissioner's representative. See Minnesota Statutes 17A.03
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Livestock: means cattle, sheep, swine, horses intended for slaughter, mules, farmed Cervidae, as defined in section 35. See Minnesota Statutes 17A.03
- Livestock dealer: means any person, including a packing company, engaged in the business of buying or selling livestock on a regular basis for the person's own account or for the account of others. See Minnesota Statutes 17A.03
- Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
Terms Used In Minnesota Statutes 17A.06
- Commissioner: means the commissioner of agriculture or the commissioner's representative. See Minnesota Statutes 17A.03
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Livestock: means cattle, sheep, swine, horses intended for slaughter, mules, farmed Cervidae, as defined in section 35. See Minnesota Statutes 17A.03
- Livestock dealer: means any person, including a packing company, engaged in the business of buying or selling livestock on a regular basis for the person's own account or for the account of others. See Minnesota Statutes 17A.03
- Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
In case of default by the licensee, the commissioner shall have the power to have the matter heard as a contested case pursuant to procedures outlined in chapter 14. No hearing shall be required if all affected parties to a bond claim proceeding waive their right to a hearing and agree to accept the commissioner’s determination as to the validity of the claim and the allocation of the proceeds of the bond.
Subd. 3.Public notice.
Prior to a hearing, the commissioner shall publish a notice setting forth the default of the licensee and requiring all claimants to file proof of claim with the commissioner within 45 days of the date such notice is published or be barred from participating in the proceeds of the bond. Such publication shall be made in a newspaper published in the county in which the licensee’s principal place of business is located. The commissioner shall also fulfill any notice requirements prescribed by chapter 14 and rules of the Office of Administrative Hearings. No claim shall be allowed unless it is filed with the commissioner within one year of the date of the transaction. If a livestock market agency or livestock dealer has on file a Packers and Stockyards Act bond and is registered with the Packers and Stockyards Administration, the terms of the bond or that federal agency’s regulations will control.